Bi\r~\tB{t'~t:: 1'~R '\ $ t\1 1 ~ IN THE UNITED STATES COURT OF AP RECEIVED FOR THE DISTRICT OF COLUMBIA CI CLERK UNITED STATES TELECOM ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents. SUPPLEMENTAL PETITION FOR REVIEW Pursuant to 5 U.S.C. § 706, 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(1) and 2344, and Federal Rule of Appellate Procedure 15(a), the United States Telecom Association ("USTelecom") hereby petitions this Court for review of the order of the Federal Communications Commission ("FCC") captioned In re Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (rel. Mar. 12, 2015) ("Order"). USTelecom is providing an electronic copy of the Order on compact disc with this petition. The new regulations in the Order were published in the Federal Register on April 13, 2015. See 80 Fed. Reg. 19,738. This petition supplements the protective petition for review of the Order that USTelecom filed on March 23, 2015. See United States Telecom Ass 'n v. FCC, No. 15-1063 (D.C. Cir. filed Mar. 23, 2015). This Court has encouraged petitioners, in circumstances such as those here where the triggering event for petitioning for review is unclear, to file a supplemental petition for review. See, e.g., Horsehead Res. Dev. Co. v. EPA, 130 F.3d 1090, 1095 (D.C. Cir. 1997); Western Union Tel. Co. v. FCC, 773 F.2d 375, 380 (D.C. Cir. 1985). Venue is proper in this Court pursuant to 28 U.S.C. § 2343 and 28 U.S.C. § 2112(a)(3), (5). After this Court vacated and remanded the FCC's previous attempt at Internet regulation in Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014), the FCC initiated a rulemaking proceeding and ultimately issued the Order under review. Order ifif 7, 10. That Order purports to reclassify broadband Internet access service as a Title II telecommunications service. USTelecom seeks review of the Order on the grounds that it is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 et seq.; violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and FCC regulations promulgated thereunder; conflicts with the notice-and-comment rulemaking requirements of 5 U.S.C. § 553; and is otherwise contrary to law. USTelecom respectfully requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and that it provide such additional relief as may be appropriate. 2 Dated: April 13, 2015 Respectfully submitted, Jonathan Banks United States Telecom Association 607 14th Street, N. W. Suite 400 Washington, D.C. 20005 (202) 326-7272 Michael K~Kelogg Scott H. Angstreich Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 (202) 326-7900 ~~~\(e~ Kathleen M. Sullivan Quinn, Emanuel, Urquhart & Sullivan LLP 51 Madison A venue, 22nd Floor New York, New York 10010 (212) 849-7000 Counsel for Petitioner United States Telecom Association 3 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.l and this Court's Rule 26.1, USTelecom respectfully submits the following corporate disclosure statement. USTelecom states that it has no parent corporation and that no publicly held corporation owns 10% or more of its stock. Dated: April 13, 2015 Respectfully submitted, ~ lM~ ~ Michael K. Kelk>gg Scott H. Angstreich Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 Counsel for Petitioner United States Telecom Association - CERTIFICATE OF SERVICE I hereby certify that, on April 13, 2015, I caused one copy of the foregoing Supplemental Petition for Review to be served on the following counsel by the manner indicated: By First Class Mail and Electronic Mail Jonathan Sallet General Counsel Federal Communications Commission Room 8-A741 445 12th Street, S.W. Washington, D.C. 20554 Jonathan. Sallet@fcc.gov By First Class Mail Eric H. Holder, Jr. Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530